1. OPCW inspectors shall be accorded the privileges and immunities set out in paragraph 2 below. These privileges and immunities shall be accorded to OPCW inspectors for the entire period between their arrival in, and departure from, Saint Lucia, and thereafter with respect to acts previously performed in the exercise of their official functions.
2. Subject to paragraph (1), OPCW inspectors shall, in the exercise of their functions under the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, enjoy the following privileges and immunities—
(a) OPCW inspectors shall be accorded the inviolability enjoyed by the diplomatic agents under Article 29 of the Vienna Convention on Diplomatic Relations. Editor's note: The Articles of this Convention cited in this Schedule can be found in Schedule 1 of the Diplomatic and Consular Services (Immunities and Privileges) Act. He or she shall not be liable to any form of arrest or detention, and shall be treated with due respect.
(b) The living quarters and office premises occupied by OPCW inspectors carrying out inspection activities under the Convention shall be accorded the inviolability and protection accorded to premises of diplomatic agents under Article 30 paragraph 1 of the Vienna Convention on Diplomatic Relations.
(c) The papers and correspondence, including records, of OPCW inspectors shall enjoy the inviolability and protection accorded to all papers and correspondence of diplomatic agents under Article 30 paragraph 2 of the Vienna Convention on Diplomatic Relations.
(d) OPCW inspectors shall have the right to use code for communications with the OPCW Technical Secretariat.
(e) Samples and approved equipment carried by OPCW inspectors shall be inviolable, subject to paragraph 4 and relevant provisions contained in the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, and shall be exempt from all customs duties.
(f) OPCW inspectors shall enjoy immunity from the criminal jurisdiction of the State, and shall also enjoy immunity from any civil and administrative jurisdiction as specified in Article 31 paragraphs 1, 2 and 3 of the Vienna Convention on Diplomatic Relations.
(g) OPCW inspectors shall be exempt from dues or taxes in the same manner as diplomatic agents under the Vienna Convention on Diplomatic Relations.
(h) OPCW inspectors shall be permitted to bring into the territory of Saint Lucia, without payment of any customs duties or related charges, articles for personal use, unless the import or export of such items is prohibited under Saint Lucia law or controlled by quarantine regulations.
(i) OPCW inspectors shall be exempt from currency and exchange restrictions to such extent as is accorded to an official of diplomatic mission.
3. Despite the provisions of paragraph 2, OPCW inspectors shall not engage in professional or commercial activity for personal profit in the conduct of their work.
4. Hazardous samples carried by OPCW inspectors shall be transported in accordance with prescribed Regulations, taking into account such international IMO and IATA obligations as may be applicable to such transportation.
5. OPCW inspectors whose destination is a country other than Saint Lucia shall, while in transit in Saint Lucia, be accorded the privileges and immunities enjoyed by diplomatic agents under Article 40(1) of the Vienna Convention on Diplomatic Relations. In particular the papers and correspondence (including records) and samples approved by them shall be accorded the privileges an immunities set out in paragraphs 2(c) and (e).
6. The provisions of paragraphs 2 and 5 relating to immunity from jurisdiction may be expressly waived by the Director General of the Technical Secretariat.
7. The provisions of paragraphs 2 and 5, except for paragraph 2(e), shall apply to any observers accompanying OPCW inspectors in the course of their inspections.
(Inserted by Act 15 of 2001)